IMPACT OF PLANT VARIETY PROTECTION

1. IMPACT OF PLANT VARIETY PROTECTION John CalvertUnited States Patent And Trademark Office

2. Intellectual Property Laws Applied to Plant Varieties in the U.S • Plant Patent (PPA) • Plant Variety Protection (PVPA) • Utility Patent (Patent for Invention) (Patent Law)

3. The History of Plant Variety Protection in the United States Plant Variety Protection Act (PVPA) Amended Plant Variety Protection Act (PVPA) Plant Patent Act (PPA) Joined UPOV 1978 Act Joined UPOV 1991 Act 1790 1985 1952 1930 1970 1981 1994 1999 1St Patent Act (Utility Patent) Utility Patent Applied to Plants Patent Act (Utility Patent)

4. Utility Patent • Administered by United States Patent and Trademark Office (USPTO) • Applies to “anything under the sun that is made by man” • Must meet requirements • Useful • New (Novelty) • Non-obviousness

5. Plant Patent • Administered by United States Patent and Trademark Office (USPTO) • Applies to asexually reproduced plants • rooting, cuttings, grafting, budding, division, slips, layering, bulbs, rhizomes, runners, corms, tissue culture

6. U.S. Plant Variety Protection Act (PVPA) 7 U.S.C. §§ 2321-2582 • Administered by Plant Variety Protection Office (PVPO), USDA (www.ams.usda.gov/PVPO) • Applies to sexually (seed) propagated plants, edible tuber • Examples: bean, corn, celery, potato, sesame, soybean, sunflower, etc.

8. Impact of Plant Variety Protection

9. Increased Innovation Innovation means: Improved germplasm Products that enable farmers to be more productive Increased yield –high yielding varieties Reduced cost—quality seeds Less risk of loss—disease resistance, insect resistance, drought tolerance Products that improve food quality-low fat, high protein Products that has better industrial application: fiber strength, bio-energy crops New and distinct products

10. INCREASED INNOVATION

11. INCREASED INNOVATION

12. Innovation Brings Choices For Farmers reduces impact of factors beyond their control Pests/diseases Temperature Moisture Soil conditions Length of growing season Nutrient uptake

13. Improve Crop Yields 7 6 5 4 3 2 1 0 Corn Cotton Wheat Soybeans 1930 1940 1950 1960 1970 1980 1990 2000 Source: Agricultural Statistics, NASS, USDA, various years

14. Improve Crop Yield Increased average corn yields 1930s 30 bushels/acre (1.6 tons/hectare) 2005 140 bushels/acre (6.7 tons/hectare) Quadrupled cotton yields More than tripled soybean yields Source: American Seed Trade Association

15. US Seed Industry Today US Industry – $12 b Global Industry – $27b Heavy investment to new traits and new technologies Source: American Seed Trade Association

16. A Pipeline Beyond Imagination New Colors Improved Flavor Improved Flavor Reduced Lignin Protection Reduce Allergens Drought Tolerance High Fermentable Starch High Oil Improved Protein Healthier Oils Extended Shelf Life Extended Shelf Life Insect Protection Improved Storage Film Coating Yield Increase Seed Pelleting Herbicide Tolerance Reduced Bruising Seed Priming Nitrogen Utilization Seed Upgrading Source: American Seed Trade Association

17. Impact of Plant Variety Protection • Increased Innovation • Increased Investment in R&D • Improved Productivity • Preserved Natural Resources • More Choices for Farmers and Consumers • Expanded Trade

18. Contact Information • John Calvert Administrator Inventor Assistance Program United States Patent and Trademark Office john.calvert@uspto.gov 571-272-4983